CBI to challenge acquittals in 2003 Muthanga constable death case

The Central Bureau of Investigation (CBI) has informed the Kerala High Court that it will challenge the acquittal of several accused in the case related to the death of a police constable during the Muthanga land agitation of 2003. The trial court, the Principal Sessions Court, Kalpetta, had acquitted 35 of the 57 accused in the case.

The Muthanga agitation was a protest by tribal communities in Wayanad district demanding land rights. The protest, which began in February 2003, turned violent and resulted in the death of a police constable. A case was registered, and the CBI took over the investigation. In its chargesheet, the agency named 57 persons as accused in various offences.

In a judgment delivered by the Principal Sessions Court, some of the accused were found guilty of charges including the attempted murder of senior civil police officer Abdul Salam, the kidnapping of Forest Range Officer P.K. Sasidharan, causing grievous injury with weapons, and offences against public tranquillity. They were sentenced to rigorous imprisonment for five years and were also ordered to pay a fine of ₹36,000 each.

The second accused, Asokan, was found guilty of the murder of the police constable. However, he died before the conclusion of the trial, and the proceedings against him abated. The trial court, on the other hand, acquitted 35 of the accused, holding that the prosecution had failed to prove the charges beyond a reasonable doubt.

The CBI has now decided to contest the acquittals. During a hearing before the Kerala High Court, the agency submitted that it would file an appeal against the acquittal of these persons. The CBI argued that the trial court had not properly appreciated the evidence presented during the trial.

In the same case, four of the convicted persons, including social activist M. Geethanandan, have filed a petition challenging their conviction and the sentence imposed by the sessions court. They have sought to set aside the trial court’s judgment and have asked for their acquittal.

Justice A. Badharudeen heard the arguments advanced by the counsel for the convicts as well as the CBI. After examining the submissions, the judge reserved orders on the petition filed by the four convicts.

In legal terms, an acquittal means that the accused is not found guilty of the charges, while a conviction means the opposite. The CBI’s appeal against the acquittals would require the High Court to re-examine the evidence against those who were let off. At the same time, the petition by the convicts seeks to overturn their convictions. The outcome of these proceedings will decide the fates of the remaining accused in this case. The High Court's verdict will be significant for all parties involved in the case.

The Muthanga agitation case has been closely followed in Kerala, as it relates to the handling of a tribal rights movement and the subsequent prosecution of the participants. The High Court’s decision is expected to have implications for the legal understanding of the events that took place during the agitation in 2003.